this is a 1st degree felony case of sexual assault of a child. he has been in jail since 2/06.
2006-08-23 07:47:50 · 8 answers · asked by bigmamakathy 1 in Politics & Government ➔ Law & Ethics
Why did he sign a waiver? That's when you go before the judge, the charges are read and you enter your plea. It is usually also the time bail is determined. He waived his right to this court appearance.
2006-08-24 15:26:54 · answer #1 · answered by arejokerswild 6 · 1⤊ 0⤋
Here is what I believe is at issue:
From FindLaw:
1. Whether a criminal defendant was denied a speedy trial is a question of law over which an appellate court has unlimited review.
2. The State's obligation to provide a criminal defendant with a speedy trial in both felony and misdemeanor cases commences on the date of arraignment.
3. The concept of waiver applies to the requirement of an arraignment. It is well-settled law in this state that a defendant who has never been formally arraigned waives the right to an arraignment by going to trial without objection.
4. When a defendant purposefully waives arraignment and the court approves that waiver by accepting the defendant's not guilty plea and schedules the case for trial, the waiver is an effective substitute for the arraignment and there is no need for further arraignment proceedings to begin the running of the speedy-trial clock.
So, there is no "violation of rights" or such being done. A waiver of arraignment means that a plea of not guilty was automatically entered and the defendant asked for a trial. As to why the person is in jail, I cannot answer that without knowing the details of the case. If the person was initially charged and remanded into custody without bail, then they will be held there until trial; if a bail was set, then they will be released when the terms of the bail are met.
Hope this helps.
2006-08-23 10:15:38 · answer #2 · answered by Yahzmin ♥♥ 4ever 7 · 1⤊ 0⤋
Do you mean a waiver of Arraignment?
It merely means you agree to give the District Attorney some time to prepare the case against you. Usually 30 or more instead of 6.
Defendants who do not agree to give the District Attorney's Office about thirty days (as opposed to six days) to get an indictment against them are closed out of the plea bargaining process by the District Attorney's Office.
In most cases attorneys will advise signing. It also gives YOU more time to prepare, and there is a chance they will lose a witness or two.
Added: some of the answers are from very uninformed persons. You can plead NOT GUILTY and you do not lose any of your rights. You will be locked out of making the plea bargain though.
2006-08-23 08:01:12 · answer #3 · answered by oklatom 7 · 1⤊ 0⤋
An arraignment is a formal procedure, where you go before judge and enter a plea. It is often also combined with a bail hearing in many jurisdictions.
The waive of arraignment allows a defendant to skip the formal appearance, and enter the plea by a signed writing.
2006-08-23 07:51:04 · answer #4 · answered by coragryph 7 · 0⤊ 0⤋
It means you are giving up the right to appear before a judge and enter a plea of not guilty. If you waive your right to arraignment, you are automatically entering a plea of guilty and are expediting your case to the sentencing phase.
2006-08-23 07:57:41 · answer #5 · answered by dulcern4u 3 · 0⤊ 2⤋
He waived his right to be accused in court. That's usually when they have the bail hearing also, at arraignment.
2006-08-23 07:52:39 · answer #6 · answered by joker_32605 7 · 1⤊ 0⤋
When u sing a waiver of arraignment you agreed to violate your right of appearing in court. or your first appearance
2006-08-23 08:38:42 · answer #7 · answered by problemsolver86 3 · 0⤊ 1⤋
DON'T DO IT TILL TALK W/ LAWYER,
ALL RIGHTS WILL BE WAIVED...
IN SOME CASES GOOD,
BUT MOST CASES BBBAAAAAD!!!!!!!!!!!!!!!
GET "LEGAL HELP" READING WAIVER PAPERS!!!!!!!!!!!!!!!
2006-08-23 07:52:10 · answer #8 · answered by bobby-bob 5 · 0⤊ 2⤋